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How To Win A DMV Hearing After a DUI Arrest
A person arrested for a DUI in Los Angeles or anywhere else in California has a right to a DMV hearing to show that the police stop or the arrest was not justified or that at the time of driving, the blood alcohol level was below .08% BAC. The “at the time of driving” is the most important part because the alcohol breath or blood test is usually done hours after the hearing and thus, they can be very different from the blood alcohol level if it was measured at the time of driving. Los Angeles DUI Attorney recommends that you contact a Los Angeles DUI lawyer to help you fight your DMV hearing or a DUI in Los Angeles. […]
DUI FELONY PROSECUTION
A felony DUI, if charged in Los Angeles, is a very serious DUI case with a possible sentence in the California State prison. To avoid being sentenced to state prison, please contact Los Angeles DUI Attorney who handled many Los Angeles DUI cases including Los Angeles Felony DUI cases. A Los Angeles DUI felony means one of 3 things: That Los Angels DUI driver had more than 3 DUI cases within the past 10 years (counting arrrest date to arrest date); That he has a previous felony DUI within the past 10 years; Or that the Los Angeles DUI driver was arrested after an accident where someone was injured. Any DUI case can have serious consequences because of how it […]
Requesting a Continuance from the DMV at an APS hearing after a DUI arrest in Los Angeles
SUMMARY: Once an APS hearing is scheduled, a Los Angeles DMV hearing officer is appointed and all decisions about continuances are up to him or her. A request for a continuance has to be put in writing and faxed to the DMV as soon as a reason for the continuance is learned. For example, if a necessary witness is not available to testify for the hearing, a request to continue the hearing should be faxed to the hearing officer stating that (1) a necessary witness is not available on the day of the hearing and (2) the respondent only learned about the unavailability recently. THE LAW: The APS hearings are authorized and governed by Vehicle Code Sections 13558 and 14100-14111. […]
How long is the Driver’s License Suspension after 2nd offense DUI in Los Angeles?
SUMMARY: Most DUI prosecutions also involve hearings under the Administrative Per Se laws with the DMV. The Admin Per Se prosecution is civil in nature and can not result in jail or fines but instead only results in a loss of the driving privilege through a suspension or revocation of the driver’s license. The court conviction in itself can have driver’s license consequences. Full analysis of the driver’s license consequence must include a discussion of both a DMV hearing defense and a defense of your DUI in court. Here, I explain the consequence of a second offense Los Angeles DUI arrest/conviction on the driver’s license. LENGTH OF SUSPENSION: A court conviction of a second-offense DUI in Los Angeles will result […]
Does the Police Officer who wrote the “DUI Arrest Report” have to come to the DMV hearing to testify about what happened?
After being arrested for a DUI in Los Angeles, a police officer will issue a temporary driver’s license, write a DUI arrest report, write a citation to appear in court, and fill out a DS 367 DMV form. The DMV will rely on the DS 357 form to prosecute the driver at the DMV hearing. Most of the time, if the officer fills out the DS 357 form correctly, the DMV will not need the officer’s testimony and will not subpoena him or her for the Admin Per Se hearing. Also, after a recent case of CDLA v. DMV, the DMV rarely will subpoena police officers to avoid conflict of interest perception. In that lawsuit, the Appellate court determined that […]
What are my rights at a probation revocation hearing?
Often, violation of probations can result in more jail time than the plea bargain deal itself. Paris Hilton and Lindsey Logan were sentenced to jail not after pleading guilty but after being found in violation of probation. So, what is probation? Probation is a period during which a probationer has to abide by certain rules. In exchange for an easier sentence, the probationer can be ordered to: (1) do some jail, (2) do some community service, (3) do an alcohol education program and an alcohol deterrence class, (4) wear an alcohol monitor bracelet, (5) install an ignition interlock device in his or her car (6) ordered not to consume any alcohol (7) ordered to drive only with a valid driver’s […]
DUI Arrests and Miranda Rights: What You Need to Know
THE LAW: After 1966 United States Supreme Court’s decision in Miranda v. Arizona, police officers can not question a suspect if he invokes Miranda rights. If Miranda rights are violated, the statements made to police officers are not admissible. But, Miranda applies only to “custodial interrogation”; that is, if the suspect is not in custody or otherwise is not deprived of his freedom in any significant way, Miranda does not apply. Also, Miranda does not apply if the suspect makes statements not in response to questions. APPLICATION: The Miranda prevents questioning by police officers once suspect is “deprived of his freedom”. But, Miranda does not mean that police officer can not get confession/admission from the driver/suspect prior to “depriving him/her of […]
I got arrested for a DUI in Los Angeles, but my car was parked. Do I have a defense?
You actually do have a great defense in your DUI case. However, you will need the help of an experienced attorney to convince the prosecutor to offer favorable disposition or to dismiss the case all together. Several factors will influence the negotiation with the prosecutor. Here are the examples of factors that need to be considered during the negotiation: (1) blood alcohol level, (2) condition of the driver, (3) control over the vehicle, (4) location of the parked vehicle. Lets discuss each factor individually. 1. Blood Alcohol Level: the higher the blood alcohol level, the harder it is to get a favorable disposition. Clearly, a driver with a .08 BAC deserve a little break when compared to a driver with […]
Vehicle Code 23612 (i): Refusing a PAS Test
Vehicle Code 23612 (i) If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test,as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the […]
DUI in Los Angeles: Sobriety Check-Point. What Are My Chances Dismissing The DUI?
GENERALLY SPEAKING: Without knowing more, it is hard to say how defensible is your case. One thing is certain, unlike a DUI arrest where a police officer observed you violate some traffic law, you might be in a better position to fight your DUI by filing a motion to suppress the evidence. A motion to suppress is commonly referred to as a “1538.5 motion” and is based on the California Penal Code Section 1538.5. The reason you have a better fighting chance after a DUI arrest at a sobriety checkpoint is that the law on the sobriety check-point setup is very technical, making it easier to mess up with sloppy police work. There are at least 8 distinct ways police […]